allegedly detained and subjected to severe physical torture for seven days. After that, he was
handed over to Police Station Chandpur, where again he was physically tortured. A harassed Patel
set himself on fire on 2 May 2003, in the lock-up of Police Station Chandpur. He was initially taken
to a pharmacist for treatment of burns and subsequently admitted to the Emergency Ward of
Orsala Hospital, Kanpur. As per the doctors, he had 65 per cent burns. The complainant requested
the Commission to intervene in the matter.
6.76 The Superintendent of Police, Fatehpur reported that Sub-Inspector Nisar Ahmad, Head
Constable Ishwar Chandra and Constable Chhote Lal Pandey were found guilty of dereliction of
their duties, and they were suspended with effect from 5 May 2003.
6.77 Upon consideration of the report, the Commission observed and directed as under: “The
reports are not satisfactory. It is admitted in the police report that the victim was brought to police
station and kept in police lock up, without any entry in police record. Though the police report is
silent about the allegation of physical torture by the police, the fact that the victim had attempted to
commit suicide in the police lock-up, leads to an inference that he was tortured to such extent that
he desperately took steps to end his life, and hence a case u/s 306 IPC for abetment of suicide
appears against the errant police personnel but as reported the errant police personnel have been
booked u/s 342 and 323 IPC only. The report is silent about the disciplinary action against the
errant police personnel."
6.78 The Commission further observed that “In view of facts and circumstances of the case, as
brought out in the reports on records, human right violation of victim Jaswant Singh Patel, who
was illegally detained and physically tortured in the police lock-up, has been established."
6.79 The Commission monitored the action initiated against the errant police personnel. The
Commission recommended to the Government of Uttar Pradesh to pay within six weeks a sum of
Rs. 1,00,000 as immediate monetary relief to the victim. The compliance report, along with proof of
payment, has not been received, despite a reminder having been sent by the Commission.
20.
Illegal Detention of Ramesh, Santosh and Ram Gopal at PS Rajakhera, Dholpur, Rajasthan
(Case No.1635/20/2002-2003)
6.80 One Shri Dwarka Prasad in his telegraphic complaint dated 13 November 2002 stated that
on 6 November 2002, Babu Lal Meena, Station House Officer of Rajakhera Police Station took away
his son Ramesh, grandson Santosh and son-in-law Ram Gopal and they were neither produced in
any Court nor released till then.
6.81 Based on reports received from the Government of Rajasthan, the Commission observed
that in view of the admitted fact of illegal detention of victims by the police, it recommended a sum
of Rs. 10,000 to each of the victims of wrongful detention, to be paid by the State of Rajasthan as
monetary relief. The State of Rajasthan has complied with the recommendation of the
Commission. However, proof of payment is awaited.
National Human Rights Commission 45